Payment restarting debt limitation period

Legal position: Under the Limitation Act 1980, which applies in England and Wales, the standard limitation period for recovering most unsecured debts (such as those arising from simple contracts) is six years. This period typically starts from the date on which the cause of action accrued, which is usually the date when the debt became … Read more

Debt sold to collection agency without consent

Legal position: Under the law of England and Wales, a creditor is generally entitled to assign or sell a debt to a third party, such as a debt collection agency, without obtaining the debtor's consent. This is provided for under section 136 of the Law of Property Act 1925, which allows for the legal assignment … Read more

Lender adding interest after payment plan

Legal position: Under the law of England and Wales, whether a lender can continue adding interest and charges after you enter a payment plan depends on several factors, including the type of credit agreement, its regulatory status, and the specific terms of the payment plan. Most consumer credit agreements are regulated by the Consumer Credit … Read more

Affordability complaint after credit default

Legal position: Under the law of England and Wales, governed by the Financial Conduct Authority's rules in the Consumer Credit sourcebook (CONC), lenders are required to carry out proper affordability assessments before providing credit, such as loans or credit cards. This means they must check that you can reasonably afford to repay the credit without … Read more

Enforceability of improperly approved payday loan

Legal position: In England and Wales, payday loan companies are regulated by the Financial Conduct Authority (FCA) under the Consumer Credit Act 1974 and the FCA's Consumer Credit sourcebook (CONC). Lenders must carry out proper affordability assessments before approving a loan, ensuring that the borrower can repay it without undue difficulty. If a lender fails … Read more

Can I challenge overdraft charges if they made my debt

Legal position: In England and Wales, overdraft charges imposed by banks are generally enforceable as part of the contractual terms between you and your bank, provided they comply with relevant regulations. However, you may have grounds to challenge them if they have contributed to worsening your debt in a way that breaches consumer protection rules. … Read more

Bank account closure and overdraft repayment demand

Legal position on account closure: In England and Wales, banks and building societies are generally entitled to close a customer's current account, provided they comply with the terms of the account agreement and relevant regulations. Under the Payment Services Regulations 2017, a bank must typically give at least two months' notice before closing a personal … Read more

Early cancellation charges and default

Legal position: Under the law of England and Wales, telecommunications providers, such as those offering mobile phone or broadband services, are regulated by Ofcom and must comply with the Consumer Rights Act 2015, among other legislation. If your contract includes a minimum commitment period (typically 12, 18, or 24 months), cancelling before the end of … Read more

Disputing delayed estimated energy bill

Legal position: Under the regulations governed by Ofgem in England and Wales, energy suppliers are generally prohibited from issuing back-bills for energy usage that is more than 12 months old, unless the customer has contributed to the delay, such as by refusing access to the meter or providing inaccurate information. This is known as the … Read more

Utility companies court action unpaid bills

Legal position: Utility companies in England and Wales, including those supplying gas, electricity, or water, have the legal right to pursue unpaid bills through civil court proceedings if the debt remains outstanding after reasonable attempts to recover it. This is treated as a contractual debt under general principles of contract law and specific regulatory frameworks. … Read more

Guarantor liability for rent arrears

Legal position: In England and Wales, a guarantor can indeed be required to pay rent arrears if you, as the tenant, are unable to do so, provided there is a valid guarantee agreement in place. This is common in assured shorthold tenancy agreements, where the guarantor (often a family member or friend) agrees to cover … Read more

Rent arrears after moving out

Legal position: In England and Wales, a landlord can indeed pursue you for unpaid rent arrears even after you have moved out of the property. This is because rent arrears are treated as a contractual debt under the terms of your tenancy agreement. The key legislation here is the Limitation Act 1980, which provides a … Read more

What notice does a landlord need to give before taking

Legal position: In England and Wales, the notice a landlord must give before applying to court for possession due to rent arrears depends on the type of tenancy and the specific grounds being relied upon. Most private residential tenancies are assured shorthold tenancies (ASTs) under the Housing Act 1988. For these, a landlord typically serves … Read more

Landlord eviction for rent arrears

Legal position: In England and Wales, a landlord can seek to evict a tenant for rent arrears, but they must follow strict legal procedures. The rules depend on the type of tenancy you have, which is a key fact missing from your query. Most private tenancies are assured shorthold tenancies (ASTs) under the Housing Act … Read more

Eviction for rent arrears

Legal position: In England and Wales, a landlord can seek to evict a tenant for rent arrears, but they must follow strict legal procedures under the Housing Act 1988 (for most private tenancies) or other relevant legislation depending on the tenancy type. Eviction is not automatic and requires a court order; any attempt by a … Read more

Council tax arrears after moving out

Legal position: Council tax in England and Wales is governed primarily by the Local Government Finance Act 1992 and associated regulations. Liability for council tax arises based on your status as a resident or owner of a property, typically on a daily basis. If you moved out of a property, your liability generally ends on … Read more

Imprisonment for unpaid council tax

Legal position: In England, failure to pay council tax can ultimately lead to imprisonment, but this is a measure of last resort and is not automatic. The relevant legislation is primarily the Local Government Finance Act 1992 and the Council Tax (Administration and Enforcement) Regulations 1992. Councils have a duty to collect council tax, and … Read more

Council tax arrears deductions from wages

Legal position: In England and Wales, local councils do have the power to recover council tax arrears by deducting money directly from your wages or certain benefits, but this is not automatic and requires specific legal steps to be followed. This is governed primarily by the Council Tax (Administration and Enforcement) Regulations 1992, as amended. … Read more

Council tax arrears in debt relief

Council tax arrears are a common form of unsecured debt in England and Wales, and their treatment in debt relief options depends on the specific mechanism chosen. I will outline the position for Debt Relief Orders (DROs), Individual Voluntary Arrangements (IVAs), and bankruptcy below, based on the current legal framework under the Insolvency Act 1986 … Read more